Chapter 10. Administrative Disqualification Hearings — Food Supplement and Family Investment Programs

“Administration” means the Family Investment Administration of the Department of Human Services.

“Administrative disqualification hearing” means a hearing held by an administrative law judge (ALJ) of the Office of Administrative Hearings to determine if an intentional program violation has occurred.

“Caretaker relative” means an individual related by blood or marriage who is the parent or is acting on behalf of the parent of a dependent child.

“Hearing” means a contested case hearing as defined in State Government Article, §10-202(d), Annotated Code of Maryland.

“Intentional program violation” means an intentional:

“Local department” means a department of social services in a county or Baltimore City, or the Montgomery County Department of Health and Human Services.

“Office of Administrative Hearings (OAH)” means the unit within the Executive Branch established by State Government Article, §9-1602, Annotated Code of Maryland.

“Program Fraud Division” means the unit of the Office of the Inspector General’s Bureau of Investigative Services that provides investigative resources for local departments in the investigation of suspected fraud in Department programs including but not limited to TCA, the Office of Home Energy Programs (OHEP), and food supplement benefit application, redetermination, and open cases.

“Temporary cash assistance (TCA)” means benefits received under COMAR 07.03.03.

Conduct an investigation of the suspected intentional program violators;

Prepare a report on the completed investigation showing the methods used to obtain information; and

Make the report available to the director of the local department.

Local State's attorney if the alleged facts in the case meet the guidelines established by the State's attorney for prosecution; or

OAH for an administrative disqualification hearing.

Against an individual whose case is being referred by the State's attorney for prosecution; or

After the State's attorney or a court of appropriate jurisdiction has taken any action against the individual in a case arising out of the same or related circumstance.

Reviews the evidence against the household member or individual; and

Determines that the evidence warrants scheduling of a disqualification hearing.

A summary of the charge against the individual and the evidence to support it;

Information regarding the administrative disqualification hearing including:

An opportunity for the individual to admit to the facts presented by the local department;

A statement that the disqualified individual and remaining household or assistance unit members are responsible for repayment of any overissued benefits;

A statement that a hearing does not preclude the State or federal government from prosecuting the individual for the intentional program violation in a civil or criminal court; and

The name and telephone number of the person to contact for additional information.

If the local department receives a signed waiver of the right to an administrative disqualification hearing before the hearing, the local department shall apply the disqualification penalty in accordance with Regulation .08 of this chapter.

The signing of the waiver of the right to an administrative disqualification hearing terminates the administrative process to establish an intentional program violation. The disqualification penalty may not be changed by a subsequent OAH decision.

The individual may request a hearing if the individual disagrees with the amount of the overissued benefits or the method of repayment.

Identifying case information;

A summary of the alleged intentional program violation;

Copies of the local department's supporting documentation; and

Documentation that the individual has been:

There is documentation to support the action; and

The household fails to request a hearing and continuation of benefits after notice of termination or reduction.

An individual who has waived the right to an administrative hearing, or was found to have committed an intentional program violation, is ineligible to participate in the specified Program, as described in §B of this regulation and COMAR 07.03.03.19.

The disqualification period begins for Food Supplement and Family Investment Program, with the first month following the month in which the household receives written notification of the disqualification.

Once a disqualification penalty has been imposed, the period of disqualification continues uninterrupted until the disqualification period is completed.

One year for the first violation;

Two years for the:

Permanently for the:

Ten years if an individual is found guilty of making a fraudulent statement or misrepresentation with respect to the individual’s identity or residence to receive multiple benefits at the same time.

Period of disqualification shall continue uninterrupted until completed regardless of the eligibility of the disqualified member’s household; and

Disqualified member’s household shall continue to be responsible for the repayment of the overissuance resulting from the disqualified member’s IPV regardless of the household’s eligibility for program benefits.

The amount owed;

The reason for the claim;

The period of time the claim covers;

Any offsetting done to reduce the claim;

The ways in which the claim may be paid;

The household’s right to a fair hearing if the household disagrees with the amount of the claim, except if the household already had a fair hearing on the amount of the claim as a result of consolidation of the administrative disqualification hearing with the fair hearing;

The household’s right to request renegotiation of any agreed to repayment schedule if the household’s economic circumstance change; and

The requirements to:

Of the effective disqualification date to the household or assistance unit before imposing the sanction; and

To the remaining household members, if any:

The amount owed;

The reason for the claim;

The period of time covered by the claim;

Any offsetting done to reduce the claim;

The ways in which the claim can be paid;

The right to a hearing if the household or assistance unit disagrees with the amount of the claim, unless the household or assistance unit has already had a hearing on the amount of the claim as a result of the consolidation of an administrative disqualification hearing with another hearing;

The right to request renegotiation of any repayment schedule if the household's or assistance unit's economic circumstances change; and

The requirement to: